The Sun. — London, England, 1838-08-11 00:00:00

CLERICAL INTELLIGENC E. On Sunday, the 2 8th ult., the Lord Bishop of Ripon held an ordina tion, at which the following gentlemen were admitted into holy orders : DEACONS. Josepil Abbott, B.A. Trinity College Dublin. Joseph,, Lexdale Frost, 8.A., Magdalene College, Cambridge. d ; o h h n Henry Gorch, M.A., Trinity College, Cambridge. n Ha igh, B A , Queen's College, Cambridge. " a tson King, .B.A . ~ St. John's College, Cambridge. rries Marryat, B. A, New Inn Hall, Oxford. Henry Roberts, B . A , S t. J ohn ' s College, Cambridge. n Bullivant, 8.A., Sidney Sussex College, Cambridge. nlliatn Hermann Schwabe, 8.A., Caius College, Cambridge. , A lex. Jas. Wm. Morrison, R A., Trinity College, Cambridge. John Peel, BA., Trinity College, Dublin. William Bates, RA., Christ's College, Cambridge. Charles Ruche B a ttl ey, 8 . A ., Tr i n i ty College, Dublin. William Simpson, 8.A., Queen's College, Cambridge. John Bartholomew Phillips, 8.A., All Soul's College, Oxford, by letters dimissory from the Bishop of Chester. Ph ilip William Tallarits, B. A., ‘Vadhaur College, Oxford, by letters di. missory from the Bishop of Lichfield. Charles 11 heatley, RA., St. Mary's Hall, Oxford, by letters dimissory irorn the Bishop of Lichfield. PRIESTS. J ames Boustead, M.A., Queen's College, Oxford. George tteGSaaanyd:rs Elwin, 8.A., Catharine Hall, Cambridge. 8.A., Exeter College, Oxford. J ohn Henry Greenwood, Literate. Samuel Baxter Smyth, RA., Jesus College, Cambridge. Isaac Close, St. Bees, Cumberland. Frederick Toiler, St. Bees, Cumberland. I:klward Roberts, M.A. Jesus College, Oxford. ?411:nund Clement Sneyd Kynnersley, M.A., Trinity College, Oxford. NAVAL INTELLIGENCE. (PROM OUR OWN CORRESPONDENT.) PORTSMOUTH, AUG. 10. In Harbour.--The Britannia, 120, flagship; Victory, 104, ordinary Ruardship; Excellent, gunnery ship; Sapphire, 28; Royal George, Yacht ; Pantaloon, 10 ; Cracker, cutter; Messenger, steam-transport; Apollo, troop-ship; and tenders, Fanny and Gossamer. In Hock.—Not any thing in commission. In Basin.—The Hastings, 74, fitting for the reception of the Queen Dowager; and Orestes, 18. At Spithead.—The Edinburgh, 74, for the Mediterranean; Herald, 28, for the East Indies; and Pique, 36, for particular service. ARRIVALS, SAILINGS, &C., DURING THE WEEK. _ On Saturday, the 4th, arrived the Sapphire. 28, from the Mediterra l'etak, bringing home the officers and crew of her Majesty's late brig Ra- Pid, autl invalids from the squadron, and came into harbour for paying in the evening. Sailed the Hermes steam.vessel, for Plymouth and V::.ni" Mediterranean. On Sunday, the sth, arrived the Barossa and Regent transports, from the westward ; and sailed the Seadower ,utter, for Sheerness. On Monday, the 6th, arrived the Horatio trans. tort, from West Indies, and sailed the same day ; also sailed the Barossa transport, both for the eastward. On Tuesday, the 7th, arrived the tender, from Plymouth, with supernumeraries; and the Herald, cut w ent out o f h ar b our. O n Wednesday, the Bth, arrived from the s wa rd, with the head-quarters of the 56th Regiment, her Maje s ty's o ea . ln-tra nsPort Messenger ; and sailed the Nettley tender , for Pl y mouth. a r ' au n d ndaY, the 9th, arrived the Gipsy tender , from the eastward ; the ailed the Prince Regent transport, for the eastward. O n Frida y , O:. 18 was commissioned ; and Gipsy tender sailed for the eastward. 0 nnhi Monday, the 6th, Messrs. Waddilove and Lyon s, both of the p ' t. a n — re . 28 , passed their examination in seamanship, to serve as Lieu. ants in h er Majesty's »avy • and on Tuesday, the 7 th, the following gen tlem en passed their examination, at the Royal Naval College : Messrs. G. I! Gand W. Fisher, of the Pique; Mr. Henry 1, 114 , 14 ' 2 M, of the o Columbine; and Messrs. C. P. Coles, W. J. Pillard, Chetham, Marcus Lowther, and Colin Douglas, all unemployed. o ° n Sun:lay evening, Lord Minto, Sir Charles Adam, and Sir William r k er, arrived o n at official visit to this port, as Lords Commissioners s. th e Admiralty ; th e y were accompan i e d by Sir William Symonds, the 7 r eYor of the Navy, and after a minute investigation of every esta ,thrnent connected with their department, including an inspection of : n u e liasti ngs, and a visit to the far-famed Pique, at Spithead, they re r,rned to town on W e d nes d ay even i ng , the he Apollo, troop.ship, has received on board the head-quarters of one 56111 Regiment. for conveyance to Cork, whence she will embark 94th for Ceylon. The Edinburgh has not yet been paid wages, but o _IY awaits orders, her books being down. The Sapphire will be paid ,a nit Thursday next; and the Fanny tender is ordered to Brighton, to be \ln att endance on the Queen. e have h a d nothing but strong winds from the westward through. ,ouvt the week. SPORTING INTELLIGENCE. BRIGHTON BACES.—THURSDAY. Th (CONCLUDED.) T he Sussex Plate of 50 sovs. added to a Subscription of 5 sovs each, The second to receive 10 sovs. out of the Subscription. A t il eats Ole New Course. 4 Subs. A,ir• Shelley's Bodice, aged, 9st. 81b 1 I Ai r ; Johnson's b. f. Champignon, 4 yrs, Bst. 121 b ... 4 2 A . C . 8 . Smith's b. m. Cheat, 4 yrs, Bst. 121 b r• Jones's b. tn. Jane (late Anne Jane), 6 yrs, 9st. 81b IL -11", a. FRIDAY. tealt Plate of 40 sovs., added to a Subscription of 3 sovs. L . each, for the beaten horses, &c. ell Chesterfield's f. by Priam, 3 yrs, ist. 21b ii,,,of Richmond's Guava, 3 yrs, 6st. 101 b 4 3 Aj r : '7,- Smith's b. m. Cheat, 4 yrs, 7st. 41b I.mulle's eh. in. Peruvian, 5 yrs, Bst 2 dr Fiist hear won easy; second heat won by half a length. - 1/VORCF:S7ER RACES.-11TEDNESDAY. ' the (CONCLUDED.) County Members' Purse of 50 sous., for horses dropped in the r unty o f Worcester, that have never won before the Ist of May ~, u t , , , , znd that are bona fide the property of Electors of the said Mr. Dori Three mile heats. Alr. Dunel'ag;'s eh. Ai r. Dari n'sbl. c. Sarcophagus, 3 yrs, Bst. 71b...Galloway 1 1 :eell na. f. Bathiany, 4 yrs, lOst. llb 2 2 Sir C.'c oe i . s g r • g. Bro. to Lady Day, 4 yrs, lOst. llb 3 dr First heat b. f. Arbuta, 3 yrs, Bst. 41b 'von by half a length ; the second won easy. Ilandic a . p P e 7 ps iTß take Rs of Y RA 25sov C s .ES . each,.— WlsF.nEsftN.,annAdr. Sw9eonly 5, &c., 100 sovs. added by W. T. Copeland, Esq., M.P., for all a -,g,". From the T. Y. ED. once round, about a mile and a halt. 0_ 1 , 4 SU whom 4 declared. i-iu r ionel A nso ns b. c. Darnley, 4 yrs, 7st Nat 1 Ai _ . A. Phillips's ch. f. The Maid of Monton, 4 yrs, 7st. 41b. 2_ It,rl" Fowler's b. f. Prudence, 3 yrs, Gst " • Meiklem's br. c. Wee Willie, 3 yrs, 7st. 21b fell The Trade smen Won eas. 's Plate of 50 sovs., added to a Sweepstakes of 3 sovs, each for hor ses , & c ., o f a ll ages . Weights, &c., the same as for the Pottery Plate, and the winner thereof to carry 51bs. tiara. Th e second to receive 5 sovs. out of the stakes. The Ahest of heat s . T w i ce round and a distance. • G, ,• Dawson' s b. g. Th e S tag, 6 yrs T. Lye 1 • 1 hompson's b. g. Lord Francis, 6 yrs... TheW easy. Maiden Pl a t e o f 50 sovs.,on added to a Subscription of 2 sot's. each, for hors es , Ike., of all ages, that never won any Plate, i 'l), Match, or Stakes, no to the time of starting. The best of trieats, twice rou n d an d a di s t ance . ,A lr * 9. Dawson's ch. f. Misfit, 3 yrs, 6st. 121b...T. Lye 4 1 1 Ai r * W. O. Gor e ' s c h. c . b y Th e D u k e , 3 yrs, i 5t...... 1 2 d r 4 / : Houßower's by Timour, 3 yrs, 6st• 12Ib 23 dr '• ldsvorth's b. f. by Vanish, 3 yrs, 6st. 121 b 3dr 'A good race. ARCHERY. T he ann ua l meet i ng o f t h e A r d en W oo d men too k p l ace a f ew Rdays back at Forest Hall, on Meriden Heath. It lasted four days, d s everal spl en did p r i zes were s h o t f or . Th e M as t er F orres te r ' s d Medal was gained by the Hon. W. Somerville ; the Senior erderer's silver medal by the Hon. Charles Finch ; the silver j,, t ew by Mr. Bellais, and the silver bugle by the Secretary, Mr. ‘ ,„" 4l t , s Adams. At each day's shooting the ground was crowded "n ll all the rank and fashion of Warwickshire. At the conclnsion a f g," 4 'd ball was given at the ball, which was attended by the Earl iialhousie, Hon. General Finch, Lady Charlotte Palmer, Sir hi ra4 eis Hopkins, Mr. Eardley Wilmot, Hon. W. R. Somerville, ~en• in Ch 11 l es Finch, R.N., Mrs. and Miss Shirley, Hon. D. Finch, v-apta Stewart, &c. 11- IE PRESS, AND THE IMPRISON- MENT FOR DEBT BILL. The Bristol Gazette, aft er quot i ng t h e Chronicle's just complaint of the he clause of the Imprisonment for Debt Bill, compelling News. I'3l,er proprietors to give insertion in their journals to all advertisements which the Insolvent Debtors' Court or any Commissioner thereof may direct them to insert, without reference to their length, for 35., observes, that so far as regards the insolvent debtors'advertisements, the law has been in for.-.:e for some time, and a great hardship it is upon Newspaper Proprietors, especially as the slightest error may subject the printer to a vexatious action. "We speak," adds our Contemporary, " from pain ful experience. It is not long since that by the remissness of the Compositor, a figure was transposed, and the date of the insolvent's hearing inserted for the 13th of the month instead of the 31st. The Corqmissioner held the variancz to be fatal; the insolvent was re. °landed ; threatened us with an action for the additional imprisonment he had to undergo, and knowing the tender mercies of the law, that if even a shilling damages were accorded, we should be visited with heavy costs —we were glad to compromise the matter by the payment of 151. And this for an advertisement fur which only 3s is allowed, and the ' c omposition of which costs nearly half the money." With reference to the Bill itself, we continue to receive daily letters, the writers of which bitterly, and we think most justly, complain of the dela? which has been permitted to take place in making this measure the law of the land. The delay complained of certainly looks as if the Le. gislature were Somewhat reluctant to grant the poor the paltry boon of freedom from arrest on mesne process only ; or, at best, it would seem that Our law makers, with the Duke of Wellington, preferred the claims co mpensation of certain jailors, to those of the community for justice. the e delay an d the denial of justice are convertible terms. Besides, the ' e nsure is so sli g ht a mitigation of an acknowledged grievance, that Iv! it does come its value will by no means afford an equivalent for the tardiness of its advent. [Since the above was written we see by the Parliamentary report of a conve rsation on the su bj ect, in which Lord Brougham very properly condemned ‘_ the inv as i on of the rights of property contemplated by the ' th e 1. clause, that the cons i deration of the Commons' amendments to 'n Bill was again postponed.] -- -HEAP BIBLES. —The Queen ' s Printers ' Corn twin.% have reported that the patent, which expires in July next, should hot be I 'r:hewed ; that Bibles and Psalm -books should be printed by the Scottish Universities, the General Assembly, and by all others who can And security for the purity of the text, and obtain the Queen's licence; "d that a free iotrodUction of Bibles and Psalm -books should be allowed from the press of the English U niversities, in order that a complete, fair, and useful competition may be maintained. We wonder how her Ma. testy Will determine whether the text be pure or impure without offend- A ng some one or other of the many sects with which our country abounds; bench more how she will ascertain whether the impure version be inten tional, and how the indictment and interdict against any book purport -in% to be a Bible, and not being pure, will be managed. —Scotani an. Between one and two o ' clock yesterday, the resi deuce or Mr. Thomas flaring, No. 24, Charles-strett, Berkeley.square, Was robbed of a quantity of valuable plate, consistin g of a silver tea-pot, table and tea-spoons, forks, sugar tongs, butter-knife, toast-rack, &c., I.aving a crest, two wings and a star above. The robbery was effected 11) some persons entering through the area into the butler's pantry, the gat,' and door being left open. General Committee of Drury-lane, at a nu rneroug meeting of noblemen and gentlemen eompcsing that body, on Wetit.tesday last, by an unanimous resolution, confirmed Mr. Bunn in the •eeillip of the theatre for a term of years, and determined on sup. Porting l. ins in every p oss ibl e manner. Mr. Bunn has re-ettgaged Mr, Russell ' stage ma nager,.and appointed Mr, Bishop composer and di rector of th, FATAL RIOT AT CANTERBURY. HOME CIRCUIT.—MAIDSTONE. Auo. 1 0. At nine o'clock Lord DENMAN entered the Court, and the following eight prisoners, viz., Wm. Wills, Thomas (Mears) Tyler, Edward nraight, jun., Alexander Food, Thos. Griggs, Edward Curling, Richard Forman, and Charles Hill, were placed in the dock, and, formally arraigned, for the wilful murder of Lieutenant Henry Boswell Bennett, on the 31st of May last. on two counts ; the first charging them with being aiding and assisting Courtenay, the other charging them as prin. cipals in the murder. They all pleaded " Guilty." Mr. CLARKSON then stood up, and addressed the Judge.—" My Lord, as Counsel for the prisoners, with the exception of Wills and Tyler, my Learned Friend and myself, after having given their case the most ma. tore consideration, and after hearing the charge of your Lordship yes tertlay, in which the law was distinctly laid &Von that if persons were assembled for an unlawful purpose, however indistinct or undefined, they were all guilty of any acts which might be considered in vio. lation of the peace —we, my Lord, felt that the prisoners could hsve pursued no other course than that they have adopted, for the Jury must again come to the decision that they did. We therefote feel, my Lord, that, under our pecti. liar situation as Counsel for the prisoners, we have been aiding in the administration of the laws and advancing the interests of justice in advising them to take the course they have adopted. I may .state as circumstances which I am sure wilt be taken into consideration by your Lordship in passing sentence, that eight of the persons who were con cerned in the infraction of the law were mortally wounded, that many of those who now stand before you have been grievously injured, and that as many as a hundred destitute and helpless individuals now depend on the issue of this trial for the support and natural pro tection which the prisoners should have afforded them. lam quite sa- tisfied that these deluded persons will find in your Lordship a humane and merciful administrator of the law, and I feel I may safely assert that there is no one now m event who is of opinion that Courtenay's followers contemplated the act which that madman committed, or that any of the grievous circumstances which have occurred would have taken place. I felt that 1 should not have done my duty to the public if I had neglected to state the grounds on which I advised the prisoners to take the step they have done, and I feel satisfied that this course is per fectly consistent with what I owe to them--that it tends to maintain and vindicate the majesty of the law—and that it will the more effectu ally recommend them to your Lordship's merciful consideration. Mr. SIIEA said; as especially concerned for Wills and Tyler, he fully agreed with his Learned Friend; for after hearing the law laid down by his Lordship yesterday, he telt that any further attempt to influence the Jury or struggle with the law would be useless. He had, therefore, advised those for whom he was engaged to acknowledge their guilt and throw themselves upon the mercy of the Court. The Hon. Mr. LAW, counsel for the prosecution, said—My Lord, I feel that the counsel for the prisoners have exercised a sound discretion in the course they have taken in recommending them to plead guilty. I readily concur in recommending them to your Lordship's merciful consideration—a prayer in which I am sure every one acquainted with thecircumstances will join. But Ido not feel that I should be doing my duty if, in recommending to mercy the prisoners Tyler aad Wills, I should do more than solicit your Lordship to spare their lives. Be. yond that Ido not feel warranted in going on their behalf. As to Price, he stands in a very different situation, for he was not engaged in or present at the second violation of the law in the affray at Bosenden Wood. The guilt of all the other prisoners is obviously less than that of Tyler and Vc ills, and I am convinced that they will meet with proportionate lenity in your Lordship's sentence. I must say that I decidedly differ from my Learned Friends respecting the nature of the second transaction, fur I know that after blood had been shed, and the unfortunate man named Nicholas Mears lay murdered, the other act of violence which the party committed can be considered in no other light than that of open undisguised murder. But I feel also that the peculiar and painful circumstances urged yes terday by the jury in recommending Tyler and Price to mercy desire serious consideration, and should have due deference shown to them. In any observations which I have offered, I do not mean in the slightest degree to be supposed to guide or dictate the course which should be taken with regard to these prisoners. The counsel for the prisoners then called the following witnesses : The Rev. Charles Handley examined—l have been Vicar of Hem hill for 9.2 years, and resided there nearly as long. I know Alexander Foad, Edward Wraight, jun., Edward Curling, and Thomas Griggs. They all reside in my parish. Foad is not a native of that parish, but has resided there for six years. Wraight and Curling have resided there all their lives. Griggs has only resided there far ten or eleven months; but I have known him as a boy in my school, and since he has married, 10 or 11 months ago; they has lived in my parish up to the time of their becoming Thom's followers; their characters have stood fair. I was present, but not by intention, on the fatal day ; and then took part only to dissuade the misguided men to give up their objects, and case •to follow Courtenay. A pistol was fired either at me or at my brother, Major Handley. lam not certain which it was aimed at. I have known Richard Forman for a few years past, during which he has been residing on the borders of my parish. I know nothing against him. Edward Curling ex amined.—l am steward to ladies of the name of Lambert, at Hein-hill. I have for several years known the prisoners Foad, Wraight, Curling, Griggs, and Forman from their birth to the day of the murder. They have all been my servants and workmen. I have never known anything bad of them till this dreadful business of Courtenay. Charles Neame, Esq., l of Sellirg, examined—l have known Griggs since his childhood. He worked for me, but he has been living in my brother's service. I believe him always to have been a peaceable quiet man till this unfortunate anis took place. Kay, bailiff of Mr. Snoulton, examined—l have resided for twenty years in the parish of Hern.hill. I know Wraight and Curling. Wraight has worked for me off and on several years, and I have known Curling twenty years, and both have borne good characters. I have known Forman for fourteen years. He has worked for me—a steady workman for the last six years. He is a quiet peaceable man. I knew Foad as a near neighbour for six years. He is a very quiet inoffensive man. He has ground of his own. I have known Wills for twenty years, and up to the present time he has borne an excellent character as a religious man. Mr. Edward Taos, of Ospringe, examined—l have known Alexander Foafi ; he lived with me as a servant from his marriage, when he took a cottage on my land. He lived with me for eleven years as a servant and tenant. He was an honest, respectable, peaceable man. William Gibbs examined—l have known Wills for twenty years as a quiet, inoffensive man, of religious character. Edward Judges examined—l have known the prisoner Wills for thirty years as a quiet, inoffensive, respectable man, religiously inclined. C. Neame, Esq , re-examined—l knew Charles Hill from his birth, and knew nothing against him, but that he is very much inclined to drink. I never heard anything against his honesty. He was always peaceably disposed. The prisoners were then asked why sentence of death should not be pass ed against them ; and they remaini n g s i le n t, the Jud g e p roceeded to pass sentence , Yeu (said his Lordship, separately addressing the psi_ soners, m Wills, &c)have been severally convicted of the crime of murder, to which you have pleaded guilty, and the law now requires that I shall pass a capital sentence upon you. (The sentence of death was pa ssed by his Lordship in the u s u al form. ) Havin g p erformed the duty w hich the law imp oses on me, Ido not think it right to keels you b a en moment in doubt as to it s bein g carried into execution; for, hav_ g in m ade up my mind on the sub j ect, I think it right to tell you that your li ve s will be spared. The fate which awaited you, and which you t have incurred, you have just heard in the sentence which the law enacts as the penalty of your offence; but it is in the discretion of the Court, and eventually iu the power of the Government, not to let the law take its course. I have had very great difficulty in coming to the conclusion that it is advisable not to let the law take its course in the present case. Your offence is of a very enormous stature ; and I think that along with the fanaticism and folly which have marked your acts there has been shown so much bad fee li ng, and, I am sorry to say, so suddenly excited—there has been so much disregard to the happiness and safety of your fellowmen—there has been so much recklessness of mischief, and such a determined reso lution net to interfere to prevent it when you all saw how imminent and frightful it Was, that I have really felt it to be a very strong act on my part to come to :he decision that your lives shall not be forfeited in pur suance of the law. Two circumstances, independent of m o to M ercy of the Jury yesterday, have greatly threc o nn the en sdeant recommendation weighed with me in coming : 0, the conclusion which I have done in the case of Thomas Mears and IVillir Price. One of them is, uided associates fell under that a very great number o f y our misl7 the execution of those who were called oti !'0 protect the law ; and. i , - seessarily (and in point of fact, they may b e considered as baring already paid the forfeit of their lives to th e law. These melt, therefore lawfoy) sent to death in vindication of the legal :nduni t Ys may be taken as persons whom the law has already sacrificed, and in;l id f examples to others of the consequences of violating it ; because the firing at these men, which unfortunately became necessary, would itself have been an act amounting to murder, and would have subjected the parties committing it to punishment, if the facts at the time it took place had not authorised the proceeding. And so the law has been anticipated by the individuals who fired at you. There is another cir cumstance which also greatly weighs with me in sparing your lives, and that is that the relations and friends of the unfortunate young man, the officer, who was shot by that leader whom you thought proper to support in violation of all law, right, and feeling—these relations have declared that it would be the greatest aggravation to their sufferings for the loss of their son if any more blood were spilled or lives sacrificed in consequence of this unhappy affair. And Ido feel that much respect is clue to these unfortunate persons whose dearest relation became the sacrifice to his courage and sense of duty in putting down this most atrocious attempt to resist the law. Now these things have led me to think that it is not improper that your lives should be spared; and I may observe that the course which, on grave consideration and consultation, you have adopted (and without any disapproval on the part of the Court)—l mean pleading guilty to so heinous an offence—is not by any means with out precedent, and has occurred on former occasions where the law and facts were perfectly clear and the means of proving it by overwhelming evidence equally within reach. When it was perfectly clear, even before the trial began, what must the fate which awaited every individual who was charged as we have the means of judging front the depositions and from what passed yesterday of the real nature of the transaction in which they were engaged—it might appear to be a waste of valuable time and to be dwell. ing on circumstances of a painful nature, if without necessity we should now go over those details, I think that the course which has been taken is the most sasisfactory, and I have, therefore, to inform you that you are to consider that the last punishment of the law is not to take effect on you ; but thoush I came to that conclusion before any observa tions were addressed to me this morning, it really is an effort which one ought to be reluctant to make, when the effect of it must be to pre vent the last example being given to the ignorant people at large of what they must expect if they encourage courses like these; and it is absolutely necessary that the next example in point of severity should be made in the instance of some of those who appear before me. One of you—you, Thomas Mears, otherwise Tyler, were not only engaged in opposin.e the unfortunate man, your near relation, to the shot which de stroyed him, but after that deed you continued to accompany your frantic leader during the day, encouraging him in all the violence which you knew he was so capable of committing. With regard then to you, Thomas Mears, it is perfectly clear that you cannot be permitted to remain in this country, and that you must be made an example of. You cannot be permitted to return to that society in which you have made yourself so unfavourably known, to set an example of the continuance of that course of life which had before made itself so extremely mis chievotis. The case of William Wills, also, has been mentioned to me, and I am sorry to say from what cause out yesterday, and from what I have observed in the depositions (though he might have been a respect able man previously to this transaction), he has indulged to a great ex tent in the bad feeling which has been excited by the revolt. I feel, therefore, that in the case of Wills, particularly when it is remembered that he was a man in a better situation of life than the others, it is im. possible not to come to the same conclusion as that to which I have alluded in Tyler's case. As to all the rest, their cases will be looked at with reference to the facts in which they were respectively engaged, and their sentences will be apportioned according to their several degrees of guilt. But I think I ought not to conclude without observing that many of those who took part in these transactions—l believe one half—have not been brought to trial ; not that their crimes could not be easily proved, or that they were not deserving of severe punishment, because it seemed proper to those who had the con• duct of this prosecution not to carry the law into extreme effect, but to make selections humanely, mercifully, and considerately, both for . those persons who are to be made the victims of the law themselves and for their families, who must severely suffer in the degree in which punishment is inflicted on them. Let it not be supposed that it is from any fear to carry the law into full effect, that this course has been adopted ; but let it be assumed and known, that a vin dication of it having taken place by the dispersion of the rioters, it has not been thought necessary to pursue further the remedies which the law assigns, it has been deemed sufficient that those persons THE SUN, LONDON, SATURDAY, AUGUST 11, 1838.1 who now stand before me should undergo the several degrees of punishment, short of death, which I shall assign to them be fore I leave this place ; and it has also been considered the safer course to decline to prosecute some of those who were less promi nently guilty. I trust, however, that this will excite no feeling of triumph: nothing like the notion that the law will not be put filly into effect upon any future occasion it shall be at all violated; and I hope that the course now taken will have the effect of showing that, however persons may be maddened at a particular moment by violence or by a confidence in the power of their own hands, and however they may think they can exercise and indulge their worst feelings by means of the power which they posseis, the law is too strong for them ; and that it will be put in force according to the exigency of every case when it is outraged and insulted, in such a mariner as is iieces. airy for the protection of all her Majesty's subjects; every one of whom may be at• the mercy of an infuriated mob if proceed. ings like these were not met by the severest punishment, anti the clearest denunciations of the law, which are absolutely essen. tial to be fully understood, and I trust will be duly considered, not only in this county, but in every part of her Majesty's domi.. nions. Now, with this statement you retire from this Bar—some of you retiring from it and from your country, which you can see no more ; others of you to be conveyed to distant parts, where for a long period you will be removed from your dearest connections and relations ; and some of you escaping with a less severe punishment.—(Here several of the prisoners cried bitterly.) I own it is enough to excite great corn. passion to perceive that you are carried away by a feeling of the culpa. ble offence for having committed which you are evidently most severely suffering ; and you probably never dwelt on the possibility of your being placed in the situation in which you now unfortunately stand. No d ou b t if you had foreseen your share in this proceeding, you would have ab stained from joining it on that consideration, apart from all others ; but persons ought to learn that every one .is responsible for his own acts, and should take care that he was not betrayed in hi s conduct, or that his reason was not surrendered to the indulgence of any momentary feelings whatever. You may now retice. The prisoners then left the dock, several of them bowing respectfully to the Court. The prisoners have altered considerable in appearance during their confinement, and display care-worn, anxious countenances, very different from the faces they wore on the day of their apprehension. Willi am Wills (the leader under Courtenay) is the most altered of all, and is evi. dently " a sadder and a wiser man," but maintains a steady self-com. posure, very different from the nervous phases which occasionally over. came his companions in misfortune. After hearing their doom, they quitted the dock weeping; but Wills was quite unmoved. Grigs still. wears his right arm in a sling, and road's mouth is seriously disfigured by the ball which lacerated his cheek. SPIRIT OF THE PUBLIC JOURNALS. On Lord Brougham moving the Order of the Day for go. ing into a Committee on the Canada Government Act Decla ration Bill, Lord Melbourne rose, and, after expressing regret that their Lordships had determined, very contrary to his feel ings, to give a second reading to this Bill, observed, with re spect to the objection taken to the ordinances, that it rested upon a principle of law, very evident, clear, and distinct to lawyers, though not perhaps so clearly apprehended by other persons ; and that the tendency of the course determined on was to favour and give encouragement to a particular party in the colony—a party which has lately excited rebellion against this country, and which undoubtedly is bent upon a separa tion from this country. " You may depend upon it," said his Lordship, " that that will be the effect of the course which the Noble and Learned Lord is pursuing—that that will be the effect of the course your Lordships have pursued." Having added, that in his opinion it would have been far better had their Lordships left that course to be pursued which should be de cided upon by her Majesty's Ministers, but they having thought otherwise, it was now for him to state the course which he and his colleagues considered it their duty to take in consequence of that decision. His Lordship then entered on the objections which had been taken to the deportation to the Bermudas, and to that part of the ordinances which related to the persons not in custody, but who had fled from the colony, the force of which objection he could not but feel, while it was obvious that the threatened punishment was merely held out in terrorera, and that it was intended to se cure the colony against the return of persons whose pre sence in it must necessarily have been felt to be dangerous; and observed, that though he would have been better con tented if their Lordships had not interfered with this last part of the ordinances, because, as he had argued on Thurs day night, it was not possible to believe that there must not have been some particular and sufficient reasons for the course pursued by Lord Durham, yet as it was difficult to dis allow one part of the ordinances, which was clearly unwarranted by law, without disallowing the who le, he therefore begged ave to say that they had come to the decision of advising her Majesty to disallow the ordinances. This is no doubt a determination which the Government have been most reluctantly forced to take. Though unavoidable, after the inconceivable folly displayed by the majority of the Lords, Which, to use Lord Melbourne's words, strikes at the root of all authority in the country, no statesman possessed of any foresight could take such a course without the deepest regret and alarm. And Lord Melbourne did not dissemble his apprehensions of the consequences. One part of the or dinances having been declared illegal, his Lordship observed, it followed as amatter of course that those who litive aided in the execution of it are liable to proceedings in the Civil and Criminal Courts, and he therefore felt that the indemnity clause of the present Bill should be passed. With regard to the first clause, as it went too far, he could not concur in it ; and with respect to Sir William Follett's proviso, which, if literally interpreted, would involve the most ab. surd consequences, it was his intention to introduce into the Bill an explanation stating that it shall not interfere with any measure which may be absolutely necessary to be adopted in the circumstances which may occur in Canada. Lord Brougham was, of course, highly elated at this result of his labours, and predicted all manner of advantage from it. The torrent of declamation in which he indulged will not blind reflecting persons to the obvious consequence of his labours, that Lord Durham's Government in Canada has re ceived a blow which it will with difficulty withstand. The Noble and Learned Lord thought the Government of Canada was not composed of men " who were so likely to underrate their powers, or to stand within the strict line of them, or to be governed by law and common sense, as to make it wholesome to enlarge the powers they already possessed." He was willing to leave the law as it is, and as it was left when they passed the Bill, and to give an indemnity as far as regarded Nelson and his associates but not to all cases, fur he charitably observed, " The Government of Canada may have caused to be put to death, unheard, untried, and unnotified, those fifteen persons who were not in custody." It was his intention, on bringing up the Report, to move the addition of two or three words limiting the indemnity. The Duke of Wellington thought the alteration proposed by Lord Melbourne unnece3- sa;y, as treason and rebellion could be punished within those provinces under the Canada Act : " I believe,'! said his Grace, " that the late Governer-General acted under the provisions of this very Act, and he must have had the power to punish rebellion and treason, as the present Governor-General must have under the Act of Parliament as it existed at present, without the alteration proposed. Under these circumstances I should wish that this proposition should not be brought under the consideration of the House, having a sincere desire that this matter should be discussed and should terminate without any further division of opinion upon it, an d really feeling that if it h now brought on no rea! service will be done to the State." The Marquis of Lansdowne observed, that if it were admitted that the power so exercised by Sir J Colborne was conforma ble to the law, then the object of his Noble Friend would be in a great measure gained; and if he heard a declaration to that effect from the Noble Lord (Brougham), and Lord Durham was allowed the same power, he would be satisfied, Lord Brougham did not feel himself at liberty to answer the question 1 ,- . tiether Sir John Colborne had or had not exceeeded hia po „ ers • under the Act, and founded his refusal on the possibi lity of his s‘'ing . called on in his judicial capacity to decide, should Sir John ^ll"ree be prosecuted or impeached for hay in , exceeded his k. 7 The Marquis of Lansdowne ohn Colborne and his succes sor, the th o ught, House in justice poc.th not " o to "s• l .'Y sva the question in that state. eugh b t o to The Lord Chancellor showed the absurdity of the construction put on the Act by Lord Brougham, Wilieli would prevent the Governor in Council of Canada not m erel y frvm issuing an at fainder, or suspending the Habeas Corpus Act but from depart ing from the criminal law as administered in any county in England. On bringing up the Report Lord Brougham proceeded to move his amendments, which were agreed to; after which Lord Melbourne moved a clause explanatory of the doubts which have arisen respecting the meaning of Sir W. Follett's proviso, to which clause strong objections were urged by Lord Ellenborough and Lord Brougham, The clause was subsequently withdrawn. The Duke of Welling. ton strongly urged the expediency of leaving matters as they were for the present. The Bill is to be read a third time on Monday. Their Lordships have contrived in a few days to raise all manner of doubts, and it will be a miraela ii OP coil sequence of these doings do not prove exceedingly diiastr°l 6 ' On much less encouragement the men of the party in Cana"' on behalf of whom Lord Brougham is so deeply interested, may embark in undertakings, against which the Governor out General, paralyzed as its has been by the doubts three with regard to his powers, may find himself without the means of making head. The Duke of Wellington evidently sees now; , :s when it is too late, that in abetting as he did Lor d Broughatn factious and most mischievous proceedings on Thursday night he acted most unadvisedly. The lawyers fairly bewildered him with their special pleadings. Never did a gra ve assembly so befool itself as the Lords have done in the cou rse of these proceedings. —Morning Chronicle. After all the hopes held out, after all the professioni I'li, forth, on the subject of the Irish Municipal Corporation Bill, by the Ministers o f th e C rown , the country will hardly.believe Russell has moved, indeed, and it is ordered aecordinglY7 the fact, that they have once more thrown it out. Lord John that the amendments of the Lords be printed, and with tile) . the reasons which the Lords have assigned for them; but it is not till after the Bill has been altogether strangled that the House of Commons is to be trusted with these arguments for Bill : Lords' a ng , a and amendments then hea r . preserving it. The efitry.. in the votes delivered yesterday morning is a notable one. "Municipal Corporations (Ireland) and A t t r e e n a: i o: e i s m. consider e d enibl s . consideration amendei put off for three months : Bill, with the First hang, its. to be printed : Lords' regains to be printed." me public business allotted for each su a e c c ' eedin,g men ti diligent in their public duties and ' accustomed to meat, watch will scarce know how to understand this . entry. They d ; concludeparagraph votes,must T h h a e v r they meant to come hot from the been some error in this Irish Corporation Bill wasnight; all:long the business of Thursday notice from the Government that have been h conference no w i tt idea t e th L a t o r t d h s e , and despatch the Bill the same afternoon ; and the conse quence, at this late season of the year, was, that on the Con servative side o n ly nine Members their design, lest it sh ou ld ooze faced attempt at a surpris e , of Members. Upon Mr. Sh aw ' s present, and even o n the side of the Government not c than between twenty an. stealthily, that they did not trust d Ministers to do this bad wor k even their own retainers with out and produce a concourse p p r r i o s t e e s r t , i n s g ay a s g t a h i e nst c t h h a is m b .e a l r i e o - r " Susr -Tr 1 EC I .ON1) ED.". k/N •• follTowheinßgo il ya il l ls Lssent was then given, in the usual fbrm, to t The Stamp Dies Bill; the Turpentine Penalties Bill; the I.AIPERIAL PARLIAMENT, Juvenile Offenders Bill; the Slave Trade Treaties (Sicily) Bill ; the Slave Trade Treaties (Tuscany) Bill ; the Affir (THlS EVENING.) mations Bill ; the Recovery of Tenements Bill ; the Insane Persons (England) Bill ; the Constables on Public Works Bill ; the Hackney Carriages Metropolis Bill ; the Bank of Ireland Repayment Bill ; the Loan Societies (Ireland) Bill ; the Fisheries ( Ireland) Bill; the Schools (Scotland) Bill ; the Advocations (Scotland) Bill ; the Liverpool Clergy En dowment Bill ; the Liverpool Court of Passage Bill ; the Royal Exellati7e Rebuilding Bill ; the kochford's Estate Bill ; and Lethbridge's Divorce Bill. The SPEAKER, attended by the Members of the House of Commons present, then retired. On the motion of the Earl of SHAFTESBURY, the Militia Pay Bill, the Militia Ballot Enrolment Bill, and Cie Mediterranean Postages Bill, were severally read a third time and passed. The Bishop of HEREFORD presented a petition from Fermanagh, against the military taking part in religious ceremonies abroad. The House then adjourned during pleasure. The House resumed at five o'clock, and the Earl of StrarrEstitna having taken his seat on the 'Woolsack, The Sugar Refining Company's Bill was real a third time and passed. Mr. BERNAL and others from the Commons brought up • the Public Records Bill, and the Fines and Recoveries (Ire-. land) Bill, with the Lords' amendments agreed to ; also th e Spirit Licences (Ireland) Suspension Bill, to which the con currence of their Lordships was required. The Mails on Railways Bill was read a third erne ana passed. Lord RE DE SD ALE presented a petition from Sidrriouth, praying for a further grant of public money for the Esta blished Church in Upper Canada. The Duke of RICHMOND begged to ask the Noble Lord at the head of her Majesty's Government, whether he had taken into consideration the clause respecting the tolls on turn pikes in the Customs' Bill, or whether it was the intention of the Government to abandon the Bill, which he considered a direct attack upon private property. Viscount MELBOURNE was extremely unwilling to abandon the Bill, but was anxious to rectify any parts that 'might be objectionable. • The Ecclesiastical Appointments Suspension Bill went through a Committee, and was ordered to be read a third time to-morrow. HOUSE OF LORDS. The Earl of SHAFTESBURY took his seat on the Woolsack at a quarter before Five o'Clock. The Consolidated Fund Appropriation Bill ►cas read a third time and passed. The Exchequer Bills Bill and the Exchequer Bills ( Public Works) Bill severally went through a Committee. The Bishop of LONDON presented a petition from Brails ford in Derbyshire, against idolatrous worship in India. The Commons' Amendments to the Benefices Pluralities Bill were considered. Some verbal amendments were made, and'the amendments were agreed to. The County Treasurers' (Ireland) Bill went through a Comnittee. The Slave Trade Treaties Bill went through a Committee. .Lord BRO IJG HA M said there was a Bill called the Per sOal ,Diligence Scotland Bill, the object of which was to extend the remedy of arrest for debt. So far as the present Bill rendered the remedy cheaper, he had no objection to. it. —( Hear.) Other individuals, however, had objections to it, who might wish to be afforded an opportunity of considering them. He would, therefore, suggest that the Bill go through a Committee now, and postpone the third reading till Monday. The Bill then went through a Committee. The Bankrupts' ( Scotland) Bill also went through a Com mittee. Adjourned at Half-past Five. IMPERIAL PARLIAMENT. HOUSE OF COMMONS. AUGUST 10. The Order of the Day for receiving the Report on the Dub lin Corporation Officers' Compensation Bill was, on the motion of Mr. STANLEY, discharged. The amendments of the Lords to the Public Records Bill were agreed to. Mr. SHAW moved the third reading of the Spirit Licenses (Ireland) Bill. Mr. O'CONNELL, though he considered the law de- festive upon this subject, was afraid that the present measure would not effect the object in view. After a few words from Mr. LUCAS against the Bill, it was read a third time and passed. Dr. LUSHINGTON then rose to move for copies of the correspondence with the French Government respecting certain • claims for indemnification for losses sustained by British subjects on the Coast of Africa in consequence of aggressions committed upon them. In 1834, two British vessels were in the port of Portandique in the Senegal River, trading for gum, and were seized by a French ship of war, without the slightest notice of any blockade or otherwise. This was a question of no small importance to the commerce of Great Britain, and beforo the trade could be carried on with ad- EDINBURGH MAGISTRACY. The Earl of HADDINGTON rose to call the attention of the House to the revision which had lately taken place in the list of persons in the commission of the peace for the city of Edinburgh. An addition had been made to the number of the magistracy to the amount of 91, and these with the persons previously in the com mission and official personages, made the total number 187. Fie knew not why this immense array of justice should have been provided, and he thought he had some right to complain of the selection made when he informed their Lordships that. of the 91 lately appointed 87 were notoriously Whigs or 'Att. dicals.--( A laugh.) Of the entire Magistracy 104 were what are called merchants, although the greater p; , :,1 of these were merely shopkeepers of a respectable class, f..nd only 14 of these were Conservatives. What he wante;it to know was an whose recommendation these appointme..nts had been made ? He should, therefore, move for copies P.:rthe correspondence on the subject of these appointments, 'oetween the L ord Provost of Edinburgh, and the. Noble an.'a Learned Lord on the Wool sack. vantage to the British trader the right of the French coast must be satisfactorily ascertained. With respect to the transaction of which he complained, whatever might be the right of the French Government in the place where the seizure took place, it was utterly impossible to maintain that Government had any right forcibly to take possession of two British vessels carrying the flag of England ; to carry them away without the slightest previous notice whatever; and to deprive the mer chants, the owners of the vessels, of all the benefit of the engagement they had entered into ; and, in short, to en tail on them a total loss in their adventure.—( Hear, hear.) If the French Government were permitted without inter ference to take such proceedings as they had adopted the inevitable result would be the destruction of a valuable trade. Negotiations had been carried on between the British and the French Governments on this subject with respect to demands which had been made by the British merchants owning the vessels that had been seized for indem nity ; and his (Dr. Lushington's) motion was, that those ne ciations be laid upon the'table. Lord PALMERSTON admitted the subject to be one of very considerable importance. But he thought the Learned Gentleman (Dr. L.) would consider that he ( Lord P.) would be acting contrary to his duty as a Minister of the Crown, to consent to the production of a correspondence showing an unfi nished negotiation between the British Government and that of a foreign Power. If the negotiations had been at an end, and if the determination was such as not to be satisfactory to the Government or the country, undoubtedly his Hon. and Learned Friend would have a good ground for calling on Government to produce the correspondence with the view of founding on it such motion as he might think proper. But it would be a departure from the general practice, and attended with obvious inconvenience, if pending a negotiation he were to consent to the production of the partial correspondence . which had taken place. •For the same reason it would be improper for him to state the precise condition in which the negotiation now stood. He hoped the French Govern ment would give the question a fair consideration ; and he was sure there was nothing either in the amount claimed or the interests which might be affected by this matter, which would induce that Government to deny the justice which might be due. The negotiation had been for a considerable time pending; but it was his firm expectation and belief that it would end in a manner satisfactory to all parties. Alderman TH 0 MPSON said, as this question was one of immense importance to the shipping and commercial in terests of the country, he felt it necessary to trouble the House with a few observations. He must say he was disappointed at the Noble Lord's refusal of these documents, for the property in ques tion was considerable, and the individuals concerned were suffer ing great inconvenience from the delay vt Lich had taken place. Ho must confess that he was disappointed that the Noble Lord had not in a more earnest manner expressed his opinion as to the justice of the claim of these individuals. It should be recollected that their ships had been seized tutc'er the pretence of a blockade, of which they had no notice. He was not competent to discuss the question of what the in ternational law on the subject was ; but he had been told that the highest authorities on the subject had considered this to be a gross insult to the British flag. There could be no doubt that this had been done by the French Government for the purpose of gaining possession of the gum trade. He was apprehensive from what he heard that there was no dis position on the part of the French Government to meet this question fairly. He trusted, unless this important question was settled before the meeting of next Session, his Hon. Friend would bring the subject before the House. Dr. LUSHINGTON would not then press his motion, The Lord CHANCELLOR bad no knowledge himself of the facts of the case, but he believed the information of the Noble Earl would be found to be unfounded; and for this reason, that no complaint had ever been made to him of the persons so appointed. A list had been sub mitted to him by the Lord Provost, in the month of October or November last, and he (the Lord Chancellor) had written in reply to state, that the names in the Lord Provost's list would be inserted in the new Commission. He was satis fied that the Lord Provost, who was also Lord Lieutenant of the county of the town of Edinburgh, would not insert the names of any improper persons. He had now stated the whole of the correspondence, and the Noble Earl might take any further steps he thought proper. Lord LYNDHURST had himself had many complaints from Edinburgh. In England when the Lord Lieutenant was a Tory the commission was kept back to the last moment, and inquiries were made in other quarters before the appointments were made. It appeared to him that the difference between Whigs and Radicals was very trifling. Whigs, when out of office, were Radicals.—( A laugh.) He thought there was no fair play in appointing 87 of one party and three or four of the other. Lord BROUGHAM did not go quite the length of his Noble and Learned Friend in his definition of Whigs and Radicals.--( A laugh.) If there had been only four Con servatives appointed out of ninety-one Magistrates, be would say that he thought it very unfair. I n Edi n b urg h, however, it was well known that the great majority of the: respectable classes were of what were called liberal prin ciples, End he would observe that no charge had been brought against them in the discharge of their judicial functions. After a few words in explanation from the Lord Chancel-. lor, the Earl of Haddington, and Lord Brougham, the mo tion was agreed to. CANADA GOVERNMENT ACT DECL4IZATORT BILL. Leml BROUGHAM then moved the Order of the Day for going into Committee on, this Bill. but if in the meantime the French Governnient did not afford I justice to the parties, he would feel it his duty to bring the matter under the notice of the House at the earliest possible moment; and then he would feel it his duty to make use of those documents which he had abstained from now.— Motion negatived. Captain WOOD rose to move for leave to bring in a Bill to alter the duties on grapes, apples, cherries, pears, and other fruits imported into the United Kingdom from foreign parts. By the Customs Acts the duty upon these fruits was reduced to a 5 per cent. ad valorem duty. An ad valorem duty i would n fact be no protection at all. The Honourable Member went on to say that he hoped the House would consent to make such an alteration of the du ties on the articles in question, and with that view he moved that the House do resolve itself into a Committee on the Custom Duties Act. Mr. P. THOMSON sa id h e thou g ht t h e mot i on was ardly regular; for the Custom Duties Act had not yet received the Royal Assent. The lion. Member was completely mistaken in supposing this to be a hardship on the fruit-sellers. The reverse was the fact. The result of this change would be, that when these fruits were scarce here at particular seasons, there would be a rather larger quantity at a cheaper rate than at present. A large increase bad been made in the foreign trade by this means, which would not otherwise have taken place. He trusted the House would not depart fron the course of legislation it had followed on t he s '.. matters, -. unless by e xpe r i ence a c a se o f h ar d s hi p ihe ad va l orem d uty He had heard it st a t e d b e f ore , th a t vas made out. was no duty at all upon these articles, because they were perishable. On that account, in his opinion, the duty became much more important and onerous. He was afraid before the next Session they might have reason to rue the legislation that had taken place on this subject. He had no idea of cote protection which was improper being made the excuse fur another. Captain WOOD wished to know why the agricultural inte rest should not hive the same protection as the manufactures? Alderman THOMPSON agreed with the Hon. Member op posite that the House ought not to ente r t a i n t h e propos i tion. The lint. Member must go much further, and impose a duty 'llpon all fruit brought into London by railways, as well as from foreign parts. After a few words from Sir C. B. VE RE , Mr. WA thought it would h e a very proper thing to are address to the Q ue e n f or calling the House g N o A to L a L n A e R together in November. When they were considering the Corn question they might be able to afford time to consider that of apples and pears, Ho really believed that it would be more a p e sti 4 n with the people whether they had a covering for ti l eir pies, than whether they would have apples or pears to put under it.—( Cheers and laughter.) Mr. VI LLIERS was not prepared within one week of the adjournment of the House, to hear a Gentleman representing the landed interest come forward with a proposition to raise the duties, on the produce of land, which must have the effect of increasing the rent of land. —(Hear, hear.) When every body mos alarmed at the high price of grain, it did appear somewhat singular that the Hon. Gentleman (Captain Wood) should come forward to raise the price of vegetables. Such an attempt on th e part of the Hen. Gentleman was an indi cation of what they might expect if the landed interest PITA power in that House.—(Hear, hear.) He was sa tisfied with the opposition to the Bill of toe Hon. Member, and hoped it would have the effect of calling the attention of the country to the operation of the Corn-laws. The true way of remedying the grievances which the market-gardeners complained of was to repeal the Corn-laws. Yet the Hon. Member (Capt. Wood) voted against considering those laws. Mr. M. PfIILLIPS also opposed the motion, which after a brief reply from Captain WOOD, was negatived with out a division, On the motion of Captain WOOD returns were ordered of the foreign fruit imported into the United Kingdoms in 1836, 1837, and 1838. Mr. P. THOMSON moved that the 1 - louse at its rising adjourn until Monday next.—Agreed to. The House adjourned at a quarter before six. HOUSE OF L ORD S,• Aucusr 10. The Loan CHANCELLOR, the Marquis Of LANSDOWNE, anti the Earl of SuarrEssonv, sat to-day at Four &Clock as Re ) al Commissioners ; and the Usher of the Black Rod having been directed to summon the [louse of Commons, the SPEAKER, attended by several Members, shortly afterwards appeared at the Bar. Visceunt ME LBOU RN E rose and seid—Before my Noble and Learned Friend leaves the Woolsack, it may be as re spectful and convenient to your Lordships that 1 should state the course which I intend to pursue in reference to this Bill. Your Lordships have determined, unquestionably very con trary to my feelings, to give a second reading to this Bill, and it is impossible for me to express my deep concern and my great anxiety for the great and important interests which are now at stake in it. With respect to the objecsion taken to the ordinance's recently promulgated by Lord Durham, that is a. point which rests upon a ',Road principle of law, which I do not pretend nor mean to deny—a principle of law very evident, clear, and distinct, to lawyers, though not, perhaps, inin fa ti s t . a o t ur so clearly appre h en d ed b y other perso ns.--...( Hear.) It is e r e )f lety, a t nd , aanndentzut partyragem is encouragement partyaparticuu,lhairehpairmty h c d i ctyeehpdi depend nh r ed e bentbN e Noble uponbl upon oee nn•it a. s n t a d l g i t a Lm i s e t t l e a s p t rt lr ea t a l i dt t latelye which uyneudurosut may undoubtedly e s wziol c iel. o ,fib u et n i hst the pursuinghy twoe, e a f fteiet of the countries. ; that will be the effect of the course your Lordships have pursued-- the practical effect ; and the reason why I objected to your Lordships taking that course, and why I endeavoured tp dis suade you from taking it was, that it was impossible for me to conceal th© apprehensions with which I look upon this course, and especially when it is taken at such a distance from the scene in which it is to operate, and when it is impossiblu for us to say in what state or condition o` feeling those debatee and this Bill may find the people and the inhabitants of • •:nat. colony. However, setting aside this, unquestionably lam of opinion that it would have been far better if your leordsllts had not taken that course, that it would have been far more prudent if your Lordships had left that course ko be pursued which should be decided upon by herMajestY% Ministers ; but as your Lordships have decided otherwise,it f or rne now to state the course which I and my colleagueshrlse considered it our duty to take in consequence of that deeisi7on. My Lords, I cannot but say that, looking at these ordine.nces, and being compelled to admit that ono part of the'' . , clearly without the bounds of the jurisdiction of the 'noble Earl, the Governor- General of Canada, I cannot tut say that I felt very much pressed by the argument that c .i . Al from my Noble Friend opposite (the Earl of Ripon'j on a former occasion, when he said that he consi dered, that one part of these ordinances was clearly and dis 'tinctly beyond the bounds of the authority that had undertaken to create them ; and when he also said that, with respect to a colony of this nature, a chartered colony, the Crown had not the power of allowing one part and rejecting another, I felt strongly pressed by his argument to come to the conclusion that her 'Majesty ought to be advised to disallow these ordi nances.—(Cries of" Hear, hear," . from the Opposition.) ' On the contrary, in disallowing an orditance of so solemn a character, I could not avoid taking into consideration the effect which it would produce, iu enabling the persons affected by it to return to the scat of Governmtnt, and permitting those against whom part of the ordinance wes directed also to return if they thought proper ; I cannot avoid saying that the impression under e eehich I addressed your Lordships last night was, that you were in effect striking. at the root of all authority in the country. Grave objections were taken to that part of the ordinance which related to those persons not in custody, but who had fled from the country. Now, my Lords, I think it impossible to suppose but that everybody acquainted with the feeling of the present day, and with the temper and disposition of my • Noble Friend the GovernoreGeneral--(" Hear, hear," from Lord Lynd hurst)—must feel certain that this was merely held out in ter rorem, that it was intended to secure the colony against the re turn of those persons, which necessarily must have been felt to be dangerous ; and I must say that I should have been )'.otter contented if your Lordships had not interfered with 0 - A t part of the ordinance, because from the particular ons:issions in it, as I argued last night, it is not possible te, believe that there must not have been some particular and refficient reasons for those omissions. At the same time. feeling that I was pressed by the argument that had fallen from my Noble Friend (the Earl of Ripon)—fe,e l .;ng strongly the cogency with which he urged that the Crown having disallowed one part of the ordinance, it being clearly unwarranted by law, it was very difficult to avoid exercising the power of the Crown and disallowing the ordinance, I therefore beg leave to say that wo have come to the decision of advis ing her Majesty to this course, and to disallow thel cannotord't ordinance. —( Loud cheers from the Opposition benells s that I have say that it is with the deepest regret and alarm taken this course.—(Hear, bear.) I cannot hut say that it is not without very great apprehensions ef the without feel ing the greatest pain consequences that I have taken this course , an d that it is not and regret that I have come to the de termination. It follows as a consequence that ono pa rt of t h e ordinance being illegal, that which was d one in execution of tn , - at part of it is a l so ill ega l, and those who h ave acte d in the execution of it are liable to proossedin s in the c i v il gand crimi nal Courts. It is necessary, therefore, that some i n d emn i ty should be given to those persons; and seeing, as Was per fectlywell known, the guilt of the pa r ti es aga i nst whom the. ordinance was directed, and seeing that those who may have detained those parties have acted in such a mimes as eubjec ted them to the penalty of the law, I certainly have felt that the indemnity clause of the present Bill should he passed. With respect to the first clause of the Bill, 1 think it gem too far. It deprives the Government in Canada of a power which they may find it necessary to exercise, and it is, in lay opinion, for that reason, objectionable ; and, therefore, in the adoption of that clause it is impossible for me to concur, A of the Exchequer with all the simplicity that belongs to a great financier, " surprise I why, it's the very course which was taken with respect to the hid' Municipal Coiporatio Bill of 1836." Ay, but at what period of the sum m e of 1 536 did this precedent take place, which Govern ment thus glibly appeal to? On the 9th of August, when almost every description of business, public and private, had been disposed of, and the Members remaining in London had slackened, and almost ceased, from their attendance in the [louse of Commons ? No ; but on the 30th of June, while the season both of pleasure and of business was at its height, London at the fullest, and the attendance of Members regular and unremitted. At such a time of year no movement that could have been made, unless at some late hour of the night, could have taken Parliament by surprise. Was that the state of the [louse on Thursday evening last, the 9th of August, 1838? But the case of 1836 and the case of 1838, materially as they differ from each other with respect to the season of the year, differ yet more materially with respect to the substance of the transaction. In 1836 there had been no delusive declara tion4,of a design to accept the amendments of the Lords. It had been publicly announced, both in and out of Parliament, that the Commons Would reject them ; and the power of the Com mons to work their will was in that Parliament notorious and irresistible. In the present Session, on the contrary, the most insidious professions had been made of a desire to accom modate every difrerence ; on Thursday morning not . a man beyond the confidential circle of the Ministers themselves could have told what . reception the qualification clause was finally to meet, and if aft& the intimation given by Govern ment, and in the present state of the town, such a muster had been made of both parties as a couple of days' notice would have admitted, it is difficult to say with any certainty on which side the victory would have fallen. Of course, the Alinisterialists will assert that no possible notice could have given their opponents a victory. If so, for what reason was this disengenuous course adopted ? If not for fear of defeat, was it for sheer shame? Was it that the Ministers, inured though they are to the discredit of detected artifices, and cal lous to the reproach of broken faith, yet shrunk from the exposure of this new and crowning dishonour, and sought to shelter themselves from castigation by means of a thin atten dance, and the rare and lucky absence of Sir R. Peel ? Times. If the Members of the Whig Cabinet could, by any fresh exhibition of their characters and principles, increase the con tempt in which they are held, universally, their display, in the House of Lords, last night, would, beyond question, draw to wards them, even a larger measure of that loathing, which their official meanness—meanness without a parallel in the his tory of party—so irresistibly excites in the public mind Lord Melbourne, who, on Thursday night, denounced the Peers of England as " a jealous oligarchy"—as copyists of ca low and truculent democracy"—that same Lord Mel bourne, on Friday night—within four-and.twenty hours after the delivery of these insulting expressions—humbly bowed himself in submission to the will of the Conservative majority of the House of - Lords—kissed the rod with which he had been chastised—admitted that all the views, which on the previous night he had advocated with so much obstinacy, were un- soind—anTladOPiedthe grounds on which the Conservatives had rested their objections to Lord Durham's ordinances, as quietly as if no doubt had ever existed on the subject. On Thursday night, Lord Brougham, as well as the Earl of Ripon and the Duke of Wellington, urged Lord Melbourne to spare the House, and the country, and Lord Durham, the pain of discussing the Canadian or dinances at length. 'These ordinances, as the leaders of the Opposition observed, are confessedly, in part at least, illegal. Ministers themselves admitted that these ordinances must be modified, and, to a certain extent, counteracted. Let the whole ordinances, therefore, (so ran the exhortation) be dis allowed by the Queen in Council;—and, in that event, Par liament will not interfere between Ministers and Lord Dur ham! Such was the offer of the Conservatives on Thursday night. Lord Melbourne and his colleagues spurned at it ! After, however, being heartily beaten, Lord Melbourne inti mated, last night, his willingness to do, what he might have done, previously, without loss of honour ! He will, after all, disallow the ordinances ! If love of place were a virtue, England might rejoice in a Cabinet composed of the most virtuous of men ! On Thursday night, Lord Melbourne and his followers contended fiercely, that a certain pro viso in the Canada Act did not limit Lord Durham's powers, in the manner contended for by Lord Brougham and Lord Lyndhurst I Last night, Lord Melbourne admitted the reasonableness of Lord Brougham's con struction of the. Act. Lord Melbourne, it is true, spoke m)steriously of the dangers that might arise from the course pursued by their Lordships; and he concluded by requesting that ample powers, suitable for the emergencies which might arise, should be given to Lord Durham I Lord Brougham, in reply, declared that, as to the dangers which were depicted as being likely to arise from the conduct of the House of Peers in regard to Lord Durham's ordinances, no danger could ever arise from their Lordships evincing their determination to vindicate the great rights of humanity. Lord Ripon, Lord Wicklow, and the Duke of Wellington, moreover, observed, that if dangers of the kind described by Lord Melbourne should arise, that Noble Viscount would himself alone be re sponsible for that result, because, had Lord Melbourne taken the advice tendered to him—advice which he had since adopted—of simply disallowing Lord Durham's ordinances, the whole of what was styled the dangerous discussion of those ordinances would have been spared. As to investing Lord Durham with the new powers desired for him by the Cabinet—Lord Brougham stated that such a proposition was herftherefore,tss unnecessaryNitheil i e blunders lun not to be lightly acceded to ! It was natural, he observed, for the Cabinet to desire to " let down" Lord Durham easily— and to flatter his vanity with tie notion that, hereafter at all events, he may hang men without trial, and do whatever may seem good to him on the plea of expediency ! Lord Ellen borough declared truly that the clause which Lord Melbourne desired to introduce, would have the effect of investing Lord Durham with powers as ample as those with which, in the first draught of the Canadian Government Bill, it had been at tempted to clothe him—powers, which had been sub sequently compressed within very narrow compass I The concession of such powers could not, Lord Elienbo -011 thought, be agreed to, unless Lord Durham rough provided with a Council that could not be deemed N ' '' ' illusory. This This sentiment was responded to' by the majority of the Peers I It was, eventually, agreed, that Lord BrOugham's Bill should be converted into a Bill of Indemity ; and that Lord Melbourne should bring in a separate Bill, de claratory of the nature of Lord Durham's real powers. No extension of those powers will be tolerated, unless his Lord ship'shave purchased, by even more than their customary meanness, present Council be dismissed I The Whigs, in short, they have effected nothing. They have not succeeded in a short respite from destruction. But for Lord Durham, his fall. On the contrary, they have rendered that and they will yet be compelled to cashier his ;Council. Bitter as these doses are, Lord Mel fbarlelamkiourge severe 1 They have been compelled to disallow his b oLr : d u ri r dn n sa e lnlic a Pe nd his friends will swallow them, as Pistol swallowed his leak; —but whether Lord Durham will follow their example, is exceeingly doubtful I The presumption is, that he will re- sign Ministers, after having displayed their impo. s i gn ; —and if he does, Lord Melbourne and his satellites must resign also I —Morning Herald. Her tense by an ineffectual attempt to defend Lord Durham and to disallow their validity. The declaratory part, his ill e gal ordinances, have given way, and resolved to advise t o Y f the Bill introduced by Lord Brougham becomes The Ministers now admit the interpretation of the Canada Bill which, up to yesterday evening, it appeared to be necessary to force upon them by a Declaratory Act, and they also admit the necessity for an Act of Indemnity for what has been illegally done. That part, therefore, o f L ord b le o to u attemptsi m posi Brougham's Bill which went to screen the authorities in Canada r the consequences of their illegal acts will stand good, from d, it is understood, will pass into a law with the consent of ders of their representative in Canada than gross gu an u d n Vinisters. It is certainly better that Ministers should con pchoonitdemaplate alpain which • with out shame and disgust the manner blundering, defence of blundering, and eventually confession of blundering, has been carried cn. It is utterly disgraceful still feebleit i s to Great Britain that she should be ruled over by a Govern ment which has ,not skill to get through any affair of moment with but t ini • without falling into difficulties, nor honesty and candour to get out of any difficulty without falling into disgrace. Lord Melbourne's speech upon the occasion appears to be a particu larly had one, even for him. It is a heap of words which Scarcely Ponvey Oile OM idea ; but, upon the whole, leads to the conclusion that he feels himself beaten, and that, as he does not mean to resign, he will adopt t hat which the Opposition tell him is just and necessary. The ;l o ot , i ttl i tt n elven about a clause to alter the proviso in the Canada OM 0 tilP PPsept §ession, 'ye loot 1 , ,p0n to ely tis a sort of crutch to the ex.cf.cdingly lamp confession of error and weakness comprised in the rest of his . speech. He would not have it all concession, 444 with P Pins° in a Bill which he himself assented to ht it, a few months -(i I - •i t d d ago --a e 4140 4 !'q 14eg IV preo the ablest law} ers and abl es t men i n England, He by well that he has not the power, Prime Minister though he be, to make that clause invalid, and v therefore, look his • , a , 4 we,upon notice as mere tea , 01 co. Many people will naturally expect that Lord Durham must CONRC Loma as soot; a 4 be finds that her Majesty's Ministers, wl him advised io sent out, have her Majesty to dis allow the validity of the ordinances. The probability is, how ever, that, while Ministers officially condemn the Governor of Canada, thoy will ;;e44 RA to j i im the in6st 4bluet represent a. tions of their helpless state, and bug ho will not be offended at what they do upon compulsion of an Opposition which they are unable to resist. The Ministers are cunning enough to know h "t giPas flattery will do anything with Lord Porham ; and it is probable theY'oill be mean enough to resort to that expedient. bee.iese they are afraid of his influence and ill temper, and wish to keep him out of Great Britain, —Korn fug Post. wall omnibus oTtiepaity of -.--. At Lambeth-street police-office yesterday, James Brenturk, late a servant in the employment of 111 r. Fardell, the Black: 17,11 , gp of stealing and ► pawning a coat which had been given into his proprietor, was brought up for final examination on a char It appeared the coat had been given him to take care of by one appendages and some cash. The officers, however, prisoner was strongly suspected of robbing another gentleman whom gentlemen whom he had taken from Blackwell to town. he had taken from the West India Deck Tavern to town, of a watch and had not been enabled to trace out the latter property, and the owner of the coat being at pre sent in Scotland, the magistrates dealt summarily with the case, and convi cted the prisoner in the penalty of 51. 155., or three months' im. prisonmei.t in the House of Correction. - - A man of the name of Jmeson, late in the employ- Tent of Messrs. Mackintosh, the well-known railroad contractors, was a few days ago placed on the list of out-patients of the University College siospital, into which institution he had been previously conveyed i n consequence of several of his ribs having bee n fractured owing to a col _ ilsion between his cart and another. He appeared to be gradually g e t_ lug better, but while walking along the New.road yesterday he suddenly fell down a corpse. I I , tile isil;; P ! a er , 113‘ th e 101